Maxwell v. Newton
Wisconsin Supreme Court
APPEAL from tbe County Court of Dodge County. Ejectment. A jury was waived. Tbe trial court found in favor of tbe plaintiff and, among other things, that tbe defendant unlawfully withheld tbe premises from tbe plaintiff, to bis damage $360. Judgment was entered that tbe plaintiff recover tbe possession of tbe premises, “ and also tbe sum of $360 for bis damages for tbe unlawful withholding thereof by tbe defendant, and tbe further sum of $75.90 for tbe plaintiff’s costs,”…
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APPEAL from tbe County Court of Dodge County. Ejectment. A jury was waived. Tbe trial court found in favor of tbe plaintiff and, among other things, that tbe defendant unlawfully withheld tbe premises from tbe plaintiff, to bis damage $360. Judgment was entered that tbe plaintiff recover tbe possession of tbe premises, “ and also tbe sum of $360 for bis damages for tbe unlawful withholding thereof by tbe defendant, and tbe further sum of $75.90 for tbe plaintiff’s costs,” etc. Tbe defendant appealed from tbe judgment. Other facts are stated in tbe opinion. They contended, inter alia, that tbe…
1Opinion of the CourtCole, C. J.
The plaintiff’s title to the land in controversy is founded upon a deed given on the foreclosure of a mortgage by advertisement under the statute. The mortgage contained a power of sale authorizing the mortgagee or his assigns, in case of default, to sell and convey the premises at public auction pursuant to the statute. A number of objections are taken to the notice of sale, all of which we deem untenable. The notice contains all that the *264statute requires, and is sufficient. Sec. 3527, R. S., prescribes ■what the notice shall contain. The notice shall specify the names of the. mortgagor and…
2Cited by8 opinions
- Lee v. FoxIndiana Supreme Court · 1888
- Johnson v. CocksSupreme Court of Minnesota · 1887
- Richardson v. CoffmanSupreme Court of Iowa · 1893
- Thompson v. BrowneSouth Dakota Supreme Court · 1897
- Iowa Inv. Co. v. ShepardSouth Dakota Supreme Court · 1896
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